1973 (2) TMI 131 - SC - Indian Laws

Court upholds detention under Maintenance of Internal Security Act despite delay in arrest and distinction between law and order.

The court upheld the detention of a petitioner under the Maintenance of Internal Security Act, 1971, despite arguments questioning the delay in arrest, ... - Issues:Detention under Maintenance of Internal Security Act, 1971 - Delay between detention order and arrest - Grounds of detention - Relevance of grounds in detaining a person - Differentiation between law and order problem and public order disturbance - Impact of acts on public confidence and civil society - Liability to be tried for offenses and its relation to detention under the Act.Analysis:1. The judgment deals with the detention of a petitioner under the Maintenance of Internal Security Act, 1971, based on specific grounds of his involvement in activities prejudicial to public order. The petitioner was detained pursuant to an order made by the District Magistrate, Howrah, and the State Government approved the detention after due consideration. The petitioner's arrest was delayed due to his absconding, but the detention order and grounds were duly served upon his arrest. The Advisory Board also opined in favor of the detention, leading to the confirmation of the order by the State Government.2. The petitioner's counsel argued that the delay between the detention order and arrest indicated a lack of genuine apprehension regarding the petitioner's potential actions. It was contended that the District Magistrate was not truly satisfied about the necessity of detention, questioning the validity of the detention under Section 3 of the Act. However, the court rejected this argument, emphasizing that the delay in arrest did not render the detention illegal or mala fide, as suggested by the petitioner's counsel.3. The relevance of the grounds for detention was also challenged, particularly focusing on the nature of the offenses mentioned in the grounds. The petitioner's counsel argued that the acts described in the grounds constituted ordinary offenses that could be addressed through regular criminal trials, rather than being a matter of public order. The court disagreed, highlighting that the acts of looting public property by terrorizing and attacking authorities had a significant impact on public order, distinguishing them from common theft offenses.4. The judgment delves into the distinction between law and order problems and disturbances to public order, citing previous court decisions to explain the difference. It emphasizes that the impact of an act on the peaceful balance of civil life determines whether it falls under public order concerns. The court concluded that the petitioner's actions, aimed at undermining public confidence and creating panic, were serious enough to warrant detention under the Act, despite the possibility of facing trial for the offenses.5. Lastly, the court clarified that the liability to be tried for offenses did not invalidate the detention under the Act. It affirmed that the purpose of the Act was preventive in nature, aiming to deter future mischief, irrespective of the individual's liability to be tried in a court of law. The judgment ultimately dismissed the petition, upholding the validity of the detention under the Maintenance of Internal Security Act, 1971.